-International Business Law-
Teacher: Annie Everett
Student: Terrence Catsourakis
Turnitin Paper ID:204191110
1. Does the transaction have a sufficient connection with States that have ratified the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) so that its provisions will govern the contract?
The Vienna Convention applies to contracts of the sale of goods between parties whose places of business are in different States (1). The contract between Bitterand the buyer and Townsend the seller that was made for the sale of a 1000 packages of Anglialingua learning programs has sufficient connection with states the have ratified CISG Vienna convention for the provisions of the Convention to govern the contract. The contract between Bittrerand and Townsend was made in Brisbane, Australia which is a country that has ratified the Vienna Convention. The head office of Bitterand the buyer of the Anglialingua which is located in Paris, France which is a state that has ratified the Vienna Convention (2). Townsend the manufacturer and seller of the computer software program Anglilingua which Bitterand has purchased 1000 packages of the product which Mr. Townsend agreed to send her when he reached the USA so we assume he has a head office there or a subsidiary which is where the place of business is most closely connected to the contract is situated which is in the USA .The USA where Townsend runs his operations is a state that has ratified the Vienna Convention (3).
2. Has a valid contract for the international sale of goods been formed? Does it matter that the contract is not in writing?
Under the International Sale of Goods Act, a contact is formed when one party makes and offer and the other party accepts it (4) The United Nations Contract for the International sale of goods imposes no specific requirement that contracts have to be stipulated in writing or any other specific form and a contract can be wholly or partially in oral form under (Article 11) (5). When Bitterand a French distributor of educational material met Mr. Townsend an American manufacturer of an English learning computer software program Anglianlingua at a teaching English as a second language seminar. During a conversation between the both of them Townsend describes his product in glowing terms, in essence he made an offer or a proposal for Bitterand to purchase his product and she accepts his offer when she agree to purchase 1000 Anglialingua packages from Townsend. Thus a proposal was met by an offer of acceptance and a valid contract was formed under the Convention for the International Sale of Goods (6).
3. If Bitterand does not wish the contract to be governed by the Vienna Convention, can she exclude some or all of its provisions?
IF Bitterand does not wish for the contract for her purchase of the 1000 Anglialingua computer software packages, she can decided exclude some or all of the provisions of the Vienna Convention. It is possible for the parties involved in the formation of a contract can expressly or impliedly decide to not include some or all of the provisions of the CISG (7).Article 6 of the Vienna Convention states that the parties involved in the contract may exclude the application of the convention or, subject to article 12, derogate from or vary the effect of any of its provisions. Article 12 refers to the operation of the Convention in certain countries that have declared that parts of the Convention do not apply (8).Another method that they can use to exclude the Convention is to nominate the law of a State as being the applicable law to the governing of the contract (9).
4. Does the Vienna Convention govern all the issues that might arise in this transaction?
The Vienna Convention does not govern all the issues that may arise between in the transaction between Bitterand and Townsend. Under